Injured in a Serious Accident?

The vast majority of pedestrian fatalities occur in major urban centers just like Denver.

San Francisco is well known for being among the worst cities in the country for pedestrians.

Not only does the Bay Area have a ton of foot traffic, but it lacks a freeway system to direct its significant auto traffic out and around the city.

Instead, San Francisco has a network of highways directing traffic through the heart of the city.

For those reasons, San Francisco is among the most dangerous cities in the country for pedestrians.

But other states like Florida, New York, and Texas also see a large number of pedestrians killed each year in traffic accidents. In fact, California, Florida, New York, and Texas combined to account for nearly half of the pedestrian fatalities that happen each year.

Why?

The answer is simple. These states have a number of large urban centers. Around two-thirds of all pedestrian accidents occurred in major urban areas, like Denver, and while the number of pedestrian accidents has gone down in the last decade, the percentage of pedestrian accidents that were fatal has actually increased according to the National Pedestrian Crash Report.

Where within the City Do Pedestrian Accidents Occur?

You may think that the majority of pedestrians get hit by cars at intersections. This isn’t the case, though. The majority of pedestrians get injured while crossing in the middle of streets, at night, and on the weekend. In fact, according to the National Pedestrian Crash Report, 46% of all pedestrian accidents involved alcohol.

Who’s to Blame in Pedestrian Accidents?

The Insurance Institute of Highway Safety reports that, in the majority of cases, the pedestrian was “more at fault” than the driver. Legally, this is a bit of a gray area. States like Colorado operate on a comparative negligence rule. It prohibits individuals with more than 50% of the blame from suing those in injury lawsuits. For example, a speeding driver could hit a jaywalking pedestrian. The pedestrian may not be fully to blame for their injuries, but they are more responsible than the driver.

When is a Pedestrian Accident the Driver’s Fault?

Three separate factors determine fault and negligence. The first of those is the “duty of care”. The driver owes the pedestrian a “duty of care”. But that duty of care does not extend to just any situation. If a pedestrian is disobeying the law, intoxicated, or does not cross the street properly obeying traffic laws, then they very well may find themselves at fault for the accident, responsible for their injuries, and unable to collect damages.

Nonetheless, it’s the driver’s responsibility to avoid an accident. They must obey the rules of traffic, and in the case of children, anticipate that they might run out into the street. When it becomes clear that it was the driver who was disobeying the rules of traffic, then they are responsible for the accident and it’s their insurance and perhaps their own assets that pay for the pedestrian’s injuries.

Contact a Denver Pedestrian Accident Attorney

If a negligence driver has caused your injuries, then you can recover damages. Give the pedestrian accident attorneys at The Law Office of Steve Roberts LLC a call or contact us online for a free consultation.

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About the Author

Steve Roberts

Steve Roberts is the managing attorney at the Law Office of Steve Roberts, LLC. Steve is originally from Omaha, Nebraska. After law school in Southern California, he moved to Denver, Colorado where he has developed his personal injury practice and become part of the Colorado legal community as a member of the Colorado Trial Lawyers Association and the Thompson G. Marsh Inn of Court. Read More